7 U.S.C. § 7418
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- (a)
- (1)A person subject to an order issued under this subchapter may file with the Secretary a petition—
- (2)The Secretary shall give the petitioner an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
- (3)After the hearing, the Secretary shall make a ruling on the petition. The ruling shall be final, subject to review as set forth in subsection (b).
- (4)Any petition filed under this subsection challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within 2 years after the effective date of the order, provision, or obligation subject to challenge in the petition.
- (b)
- (1)The district court of the United States for any district in which a person who is a petitioner under subsection (a) resides or carries on business shall have jurisdiction to review the final ruling on the petition of the person, if a complaint for that purpose is filed not later than 20 days after the date of the entry of the final ruling by the Secretary under subsection (a)(3).
- (2)Service of process in a proceeding may be made on the Secretary by delivering a copy of the complaint to the Secretary.
- (3)If the court determines that the ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions—
- (c)The pendency of a petition filed under subsection (a) or an action commenced under subsection (b) shall not operate as a stay of any action authorized by section 7419 of this title to be taken to enforce this subchapter, including any rule, order, or penalty in effect under this subchapter.